Labor and Employment Law

Recent Posts

How Two Racial Slurs in 24 hours Can Create a Hostile Work Environment
Posted on 14 May 2015 by Eric Meyer

Last year, I channelled Bill Clinton in this blog post about how courts rarely recognize a single incident or two as creating what the law deems a hostile work environment. Yeah, about that. Even a few isolated comments can create a hostile work... Read More

VanDeusen and Simons on Thompson v. North American Stainless, LP
Posted on 17 Aug 2010 by Darrell VanDeusen

by Darrell VanDeusen and Adam T. Simons ( Mr. Simons is an associate at Kollman & Saucier, having recently completed a clerkship on the Maryland Court of Special Appeals ) The Court will revisit the issue of retaliation in Thompson v. North American... Read More

Is This New Harassment Decision the End of the World for Employers?
Posted on 15 May 2015 by Robin Shea

Are harassment and retaliation lawsuits all going to the jury now? Are employers doomed? Are the plaintiffs’ lawyers popping the champagne corks? Is the EEOC dancing for joy? The employment law world is abuzz about last week’s racial harassment... Read More

U.S. High Court Hears Arguments on Proof of Title VII Retaliation Claims
Posted on 24 Apr 2013 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) A Title VII of the Civil Rights Act of 1964 retaliation claim must prove but-for causation, the attorney representing the University of Texas Southwestern Medical Center (UTSW) argued before the U.S. Supreme Court... Read More

Constructive discharges cannot exist in a vacuum of illegality
Posted on 13 Jun 2012 by Jon Hyman

A constructive discharge occurs when an employer's actions make an employee's working conditions so intolerable that a reasonable person under the circumstances would feel compelled to resign. Usually, a constructive discharge arises in the context... Read More

Employer's failure to investigate harassment creates retaliation claim
Posted on 12 Jun 2012 by Eric Meyer

If an employee complains that her supervisor is sexting her, making unwelcome physical contact, and telling her that she can get a better work schedule in exchange for "small favors," you better damn well investigate that! Ignore it and you... Read More

Vague complaint dooms employee's retaliation lawsuit
Posted on 15 Jun 2012 by Jon Hyman

Susanne Pintagro worked for Sagamore Hills Township as an administrative assistant. When a newly hired intern made her feel "uncomfortable and concerned for [her] safety" she took her concerns to the township's trustees. The trustees determined... Read More

Hold the Whistle: The Status of the Contract Employee Without a Contract
Posted on 1 May 2014 by John Holmquist

In Wurtz v. Beecher Metropolitan District, 2014 Mich. LEXIS 643 [ an enhanced version of this opinion is available to subscribers ], the Michigan Supreme Court reversed the court of appeals, holding that the failure to renew the contract for... Read More

U.S. Supreme Court Allows Retaliatory Discharge Lawsuits By Persons Sufficiently Close To An Employee Who Makes A Discrimination Charge; Will New York State Courts Do The Same?
Posted on 23 Feb 2011 by David S. Rich

The anti-retaliation provision of Title VII of The Civil Rights Act of 1964, as amended ("Title VII") prohibits an employer from "discriminat[ing] against any of his employees . . . because he has made a charge" under Title VII... Read More

Federal Appeals Court Rejects “Retaliatory Rehiring” Claim
Posted on 17 Feb 2015 by Jon Hyman

As part of massive reorganization, Allstate severed the employment of approximately 6,200 employee agent. In connection with the layoff, Allstate offered all of the employee agents the opportunity to convert their employment status into that of an independent... Read More

A Whistleblower's Odyssey in Michigan
Posted on 25 Nov 2014 by John Holmquist

Bruce Whitman was the police chief for the city of Burton. His odyssey began in 2007 when he was not reappointed as the police chief in November of 2007. He filed suit under Michigan's Whistleblowers Protection Act alleging that he engaged in protected... Read More

Final Score: HIPAA 1 - Retaliation 0
Posted on 5 Sep 2014 by Eric Meyer

See how a federal appellate court shut out a plaintiff's claims of retaliation after she was fired for forwarding confidential documents to herself, purportedly to preserve evidence for an age-discrimination lawsuit filed by a former coworker. ... Read More

Is Protected Activity Part of Your Job? You May Still Be Protected.
Posted on 17 Aug 2015 by Robin Shea

“Doing your job? The NERVE!” If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you? Inquiring HR professionals, in-house lawyers, and counselors want to know! ... Read More

You May Know Where the Bodies Are Buried, But That Doesn't Mean You Can Sue Your Employer For Retaliation
Posted on 3 Apr 2012 by Robin Shea

Here's a strange little case for ya . . . A loss prevention manager for a major retail store chain -- we'll call her "Loretta" -- had some performance issues in the past but was only five days away from the satisfactory completion... Read More

Does a "good faith belief" about an illegal pay practice support an FLSA retaliation claim?
Posted on 9 Aug 2012 by Jon Hyman

April Hurd worked as a nurse's aide for Blossom 24 Hour We Care Center. The company fired her 10 days after she complained about unpaid overtime. Easy case for the employee? If you think this is an open and shut case of retaliation under the FLSA... Read More